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RANDU NZAI RUWA & 2 OTHERS V. SECRETARY, THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSON, CLERK TO THE NATIONAL ASSEMBLY, REGISTRAR OF SOCIETIES, COMMISSION ON REVENUE ALLOCATION, MINISTER FOR TRANSPORT, MINISTER FOR ENERGY, MINISTER FOR ENVIRONMENT AND MINERAL RESOURCES, MINISTER FOR PLANNING & ATTORNEY GENERAL

(2016) JELR 95905 (CA)

Court of Appeal  •  Civil Appeal 9 of 2013  •  8 Jul 2016  •  Kenya

Coram
Daniel Kiio Musinga, William Ouko, Jamila Mohammed, Patrick Omwenga Kiage, Kathurima M'inoti

Judgement

JUDGMENT OF OUKO, JA.

The appellants, pursuant to the various provisions of the Constitution of Kenya, the Universal Declaration of Human Rights and the United Nations

Declaration of the Rights of Indigenous People, took out an originating notice of motion alleging a plethora of violations of their constitutional rights and fundamental freedoms by the respondents. The appellants, who described themselves as former officials of the defunct Mombasa Republican Council (MRC) representing the interests of the residents and stakeholders in the six counties (Mombasa, Kwale, Kilifi, Tana River, Lamu and Taita Taveta) of the former Coast Province, complained, interalia that the succession of the defunct Interim Independent Boundaries Review Commission (IIBRC) by the Independent Electoral and Boundaries Commission (IEBC) violated the Constitution; and that the review of names, boundaries, constituencies and wards would disenfranchise the appellants as they did not participate in the process leadi…

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